HomeMy WebLinkAbout024009 ORD - 04/11/2000
AN ORDINANCE
V ACA TING AND ABANDONING 92,285 SQUARE FEET OF UNIMPROVED
STREET RIGHT-OF-WAY (R-O-W),COMPRlSED OF PORTIONS OF OSO,
PALO ALTO, FITZGERALD AND ZORRA STREETS R-O- W NORTH OF
WEST BROADWAY AND RAILROAD R-O- W; REPEALING ORDINANCE
NOS. 023870,023871, AND 023872 PASSED 12/14/99; REQUIRING OWNER,
WILLIAM R. DURRlLL, TO COMPLY WITH THE SPECIFIED
CONDITIONS AND REPLAT THE PROPERTY WITHIN 180 DAYS AT
OWNER'S EXPENSE; AND DECLARING AN EMERGENCY.
WHEREAS, there is 92,285 square feet of Unimproved Street Right-of-Way (R-O-W)
comprised of portions of Oso Street, Palo Alto Street, Fitzgerald Street, and Zorra Street R-O-W
north of West Broadway and north of the Union Pacific Railroad Right-of-Way, as recorded in
Volume A, Pages 2-3, of the Map Records ofNueces County, Texas, that the Owner, William R.
Durrill ("Owner"), wishes to have vacated and abandoned; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to vacate and abandon said portions ofunimproved street right-of-ways for all
purposes, subject to the provisions listed below; and
WHEREAS, said portions ofOso Street, Palo Alto Street and Fitzgerald Street R-O- W were
vacated and abandoned by Ordinance Numbers, 023870, 023871 and 023872 passed on December
14,1999; and
WHEREAS, those ordinances should be repealed so said R-O-W portions of those streets
can be vacated and abandoned in this ordinance along with said R -0- W portion of Zorra Street so
said portion of each ofthe four streets can be covered by just one ordinance; and
WHEREAS, having said portion each of the four streets covered by a single ordinance will
minimize confusion and allow the Owner to timely file one replat which covers all four streets and
this will avoid the possibility of having to do two replats.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That Ordinance Numbers 023870, 023871 and 023872 passed on December
14,1999, are hereby repealed,
SECTION 2. That the 92,285 square feet of Unimproved Street Right-of-Way (R-O-W)
comprised of portions of Oso Street, Palo Alto Street, Fitzgerald Street, and Zorra Street R-O- W
north of West Broadway and north of the Union Pacific Railroad Right-of-Way, as recorded in
Volume A, Pages 2-3, of the Map Records ofNueces County, Texas, is depicted in a vicinity map
H:ILEG-DIRI VERONICA IDDCURT1SIMYDOCSI200010RD2000.100IDDCORDOO.122
024009
attached as Exhibit "A" which is incorporated by reference,
SECTION 3. That said portion of each Street R-O-W is described by a metes and bounds
field note and is depicted by a map attached, respectively, as Exhibits "B"and "C", "D" and "E",
"F" and "G",and "H" and "1", which are incorporated by reference.
SECTION 4. That said portion of each Street R-O- W is vacated and abandoned for public
use as a street right-of-way, subject to Owner, William R. Durrill, complying with the following
specified conditions as part of the vacation and abandonment:
Oso Street:
(I) Owner, at time ofreplatting, must pay the fair market value of$7,800 for vacating
and abandoning the 51,879 square feet portion of street right-of-way,
(2) Owner, at time of replatting, must dedicate, at his expense, a 15 feet wide utility
easement within the Oso Street unimproved street right-of-way (R-O-W) for the
following currently existing City facilities:
(a) Water
(b ) Wastewater
(c) Storm Water
(d) Gas
(3) Owner must replat the portion ofOso Street being vacated and abandoned within 180
days at his expense; provided however, the City Engineer may extend the time limit
for an additional 180 days if extenuating circumstances outside the Owner's control
necessitate an extension,
Palo Alto Street:
(I) Owner, at time of replatting, must pay the fair market value of $5,800 for vacating
and abandoning the 24,728 square foot portion of street right-of-way,
(2) Owner, at time of replatting, must dedicate, at his expense, a 15 feet wide utility
easement within the Palo Alto Street unimproved street right-of-way (R-O- W) for
existing sanitary sewer mains that currently serve the area,
(3) Owner must replat the portion of Palo Alto Street being vacated and abandoned
within 180 days at his expense; provided however, the City Engineer may extend the
time limit for an additional 180 days if extenuating circumstances outside the
Owner's control necessitate an extension,
H:ILEG-DlRI VERONICA IDDCUR T1SIMYDOCSI200010RD2000.! OOIDDCORDOO.122
Fitzgerald Street:
(I) Owner, at time of replatting, must pay the fair market value of $3,200 for vacating
and abandoning the 7,954 square foot portion of street right-of-way.
(2) Owner must replat the portion of Fitzgerald Street being vacated and abandoned
within 180 days at his expense; provided however, the City Engineer may extend the
time limit for an additional 180 days if extenuating circumstances outside the
Owner's control necessitate an extension,
Zorra Street:
(I) Owner, at time of replatting, must pay the fair market value of $1,120,00 for the
7,724-square foot portion of Zorra Street being closed as shown in the metes and
bounds as shown in Exhibit "A" and the map as shown in Exhibit "8",
(2) Owner, at time of replatting, must retain a utility easement within the entire Zorra
Street unimproved R-O- W for existing overhead facilities that currently serve the
area,
(3) Owner must replat the portion of Zorra Street Unimproved Street Right-of-Way
being vacated and abandoned within 180 days at Owner's expense; provided
however, the City Engineer may extend the time limit for an additional 180 days if
extenuating circumstances outside the Owner's control necessitate an extension,
H:ILEG-DIRI VERONICA IDDCURTlSIMYDOCS\200010RD2000.! OOIDDCORDOO.!22
SECTION 5. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for immediate action
necessary for the efficient and effective administration of City affairs and (2) suspends the Charter
rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance
is passed and shall take effect upon first reading as an emergency measure this the I I th day of April,
2000,
ATTEST:
THE CITY OF CORPUS CHRISTI
An""OO~
~~l~~
.Samuel L. eal, Jr" Mayor
Legal form approved AprilS, 2000: James R. Bray Jr., City Attorney
By:
Doyle D. Cu
H:ILEG-DIRIVERONICA IDDCURTISIMYDOCS\200010RD2000.100IDDCORDOO.122
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STRECTS CLOSED 12/14/1999:
FITZGERALD ST., ORDINANCE ND. 023872
PALO ALTO ST., ORDINANCE NO. 023871
OSO STRffT, ORDINANCE NO. D23870
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PROPOSED STREET CLOSURE
ZORRA STREET
BEACH PORnON
CfTY OF CORPUS CHRiSTl, TEXAS
EXHIBIT nAB ~
DEPARTMENT OF ENGINEERING SERVICES "
DATE: 4-03-2000 ==
MURRAY BASS. JR.. P.E.. R.P.L.S.
NIXON M. WELSH. P.E.. R.P.l...S.
3054 S. ALAMEDA
PH. 361 882-5521
FAX 361 882-1265
E-MAIL: murrayjr.@aol.com
E-MAIL: nixmw@aoLcom
BASS & WELSH ENGINEERING
P.O. Box 6397
CORPUS CHRISTI. TEXAS 78466-6397
February 7, 2000
FIELD NOTE DESCRIPTION
PROPOSED STREET CLOSURE - ZORRA STREET
Being a portion of Zorra Street as shown on the map of the City of Corpus Christi, Beach and Bluff portion,
recorded in Volume "A" at Pages 2 & 3 of the Map Records of Nueces County, Texas and being more
particularly described by metes and bounds as follows:
BEGINNING AT A POINT where the east right-of-way of Zorra Street intersects the north right-of-way line
of the Union Pacific Railroad for the southeast comer of this tract;
Thence N 53' 41' 12" W along the northeast right-of-way line of the Union Pacific Railroad a distance of
88.47 feet to a point in the east line of Block 39, Beach Portion, for the southwest corner of this tract;
Thence N 10' 59' 02" W along the east line of Block 39, a distance of 69.58 feet to a point where the east
line of Block 39 is intersected by the north right-of-way line of Southern Pacific Railroad as described in
the deed recorded in Volume "R" at Page 240 of the Deed Records of Nueces County, Texas, for the
northwest corner of this tract;
Thence N 37' 24" 21" E along the northwest right-at-way of the former Southern Pacific Railroad right-of-
way a distance of 80.25 feet to a point in the east right-of-way line of Block 40, Beach Portion, for the
northeast corner of this tract;
Thence S 10' 59' 02" E along the west line of Block 40 and its southerly extension a distance of 187.88
feet to the POINT OF BEGINNING, forming a tract embracing 7,724 square feet.
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PtwtJrtId by:
80ss de Welsh Engineering
3054 So. Alameda St.
Corpus Christi, Tx. 78404
\361) 882-5521 (phone)
(361) 882-1265 (fax)
PROPOSED STREET CLOSURE
ZORRA STREET
BEACH PORTION
CITY OF CORPUS CHRISTI, TEXAS
EXHIBIT C
Sheetlof1
MURRAY BASS. .JR.. P.E.. R.P.L...S.
NIXON M. WELSH. P.E.. R.P.L.S.
3054 S. ALAMEDA
PH. 361 882-l5521
FAX 361 882-126!5
E-MAIL: murrayjr.@aoLcom
E-MAIL: nixmw@aol.com
BASS & WELSH ENGINEERING
P.O. Box 6397
CORPUS CHRISTI, TEXAS 78466-6397
November 2, 1999
FIELD NOTE DESCRIPTION
PROPOSED STREET CLOSURE
OSO STREET
Being a portion of Oso Street as shown on the map of the City of Corpus Christi Beach and Bluff
Portion recorded in Volume A at Pages 2 and 3 of the Map Records of Nueces County, Texas.
Beginning at a point in the west line of Block 48, Beach Portion, said point being the intersection
of the west line of Block 48, with the north right-of-way line of the Southern Pacific Railroad right-
of-way line;
THENCE S 10. 59' 02" E at 160.54 feet pass the southwest corner of Block 48 at 220.54 feet
pass the northwest corner of Block 41 and in all a distance of 493.04 feet to a point in the west
line of Lot 12, Block 41 for a corner of this tract;
THENCE S 79. 00' 58" W into the Oso Street right-of-way 17.00 feet to a point for an interior
comer of this tract;
THENCE S 10. 59' 02" a distance of 90.00 feet to a point for an interior point of this tract;
THENCE N 79. 00' 58" E a distance of 17.00 feet to a point in the west line of Lot 7, Block 34,
Beach Portion for a corner of this tract;
THENCE S 10. 59' 02" E along the west line of Block 34 a distance of 297.50 feet to the
southwest comer of Block 34;
THENCE S 79. 00' 58" W across the Oso Street right-of-way a distance of 48.99 feet to a point in
the northeast right-of-way line of the Missouri Pacific Railroad;
THENCE N 53. 41' 12" W along the northeast right-of-way of the Missouri Pacific Railroad right-
of-way a distance of 16.23 feet to a point in the east line of Block 3, Beach Portion;
THENCE N 10. 59' 02" aiong the east line of Block 33 a distance of 288,07 feet to the northeast
comer of Block 33 at 348.07 feet the southeast comer of Block 40 at 648.07 feet the northeast
comer of Block 40 at 708.07 feet the southeast comer of Block 47 and in all a distance of 802.08
feet to a point where the east line of Block 47 intersects the north right-of-way line of the Southern
Pacific Railroad right-of-way;
THENCE E along the north right-of-way line of the Southern Pacific Railroad right-of-way across
Oso Street N 26. 35' 05" E a distance of 36.71 feet and N 34.09' 08" E a distance of 53.07 feet
to the POINT OF BEGINNING forming a tract embracing 49,367 square feet (1.133 acres).
NOTE: Description has been prepared from documents of record and does not represent a
survey made on the ground.
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Boss &: Welsh Engineering
3054 So. A1amedo St.
Corpus Christi. Tx. 78404
(361) 882-5521 (phone)
(361) 882-1265 (fox)
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PROPOSED STREET CLOSURE
050 STREET
BEACH PORTION
CIlY OF CORPUS CHRISTI. TEXAS
EXHIBIT E
Sheet 1 of t
MURRAY BASS. JR.. P.E., R.P.L.S.
NIXON M. WELSH. P.E., R.P.L.S.
3084 S. AL.AMEDA
PH. 361 882-5521
FAX 361 882- t 265
E-MAIL: murrayjr.@aol.com
E-MAIL: nixmw@aol.com
BASS & WELSH ENGINEERING
P.O. Box 6397
CORPUS CHRISTI, TEXAS 78466-6397
October 27, 1999
FIELD NOTE DESCRIPTION
PALO ALTO STREET CLOSING
Being portions of Palo Alto Street as shown on the map of the City of Corpus Christi, Beach and
Bluff Portions recorded in Volume A at Pages 2 and 3 of the Map Records of Nueces County,
Texas, and being more particularly described by metes and bounds as foilows:
TRACT NO.1
Beginning at the northeast corner of Block 41, Beach Portion, said point lying at the intersection
of the west right-of-way line of Tancahua Street with the south right-of-way line of Palo Alto
Street;
THENCE S 79" 00' 58" W along the north line of Block 41 a distance of 300,00 feet to the
northwest corner of Block 41 for the southwest corner of this tract:
THENCE N 10" 59' 02" W across Palo Alto Street a distance of 60.00 feet to the southwest
comer of Block 48, Beach Portion for the northwest corner of this tract;
THENCE N 79" 00' 58" E along the south line of Block 48 a distance of 300,00 feet to the
southeast corner of Block 48 for the northeast corner of this tract;
THENCE S 10" 59' 02" E across Palo Alto Street a distance of 60.00 feet to the POINT OF
BEGINNING forming a tract embracing 18,000 square feet
TRACT NO.2
Beginning at the northeast corner of Block 40, Beach Portion for the southeast comer of this tract;
THENCE S 79" 00' 58" W along the north line of Block 40 a distance of 145.04 feet to a point
where the north line of Block 40 is intersected by the northwest line of the Southern Pacific
Railroad right-of-way;
THENCE across Palo Alto Street as follows:
N 37" 24' 21" E a distance of 54.12 feet;
N 32" 25' 18" E a distance of 33,12 feet to a point in the south line of Block 47, Beach
Portion for the northwest corner of this tract;
THENCE N 79" 00' 58" E along the south line of Lot 47 a distance of 81.82 feet to the southeast
corner of Lot 47 for the northeast comer of this tract;
THENCE S 10" 59' 02" E across Palo Alto Street a distance of 60,00 feet to the POINT OF
BEGINNING forming a tract embracing 6,728 square feet.
Page 1 of 2
EXHIBIT F
Total Area of Tracts No.1 and Tract No.2 24,728 square feet.
Note: Description has been prepared from documents of record and does not represent a
survey made on the ground.
[PaloAlto.M&B]
Page 2 of 2
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ass & Welsh Engineering
3054 So. Alameda St
(Corpus Christi, Tx. 76404
0361) 882-5521 ( h
(36t) 862-1265 ~f~~))
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PROPOSED STREET CLOSURE
PALO ALTO STREET
BEACH PORTION
CORPUS CHRISTI, TEXAS
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Sheet 1 of
MURRAY BASS. JR., P.E., R.P.L..S.
NIXON M. WELSH, P.E.. R.P.L..S.
3054 S. ALAMEDA
PH. 361 eea-!U521
FAX 361 882.-126S
E-MAIL: murrayjr.@aol.com
E-MAIL: nixmw@aol.com
BASS & WELSH ENGINEERING
P.O. Box 6397
CORPUS CHRISTI, TEXAS 78466-6397
October 7,1999
FIELD NOTE DESCRIPTION
PROPOSED STREET CLOSURE
FITZGERALD STREET
Being a portion of Fitzgerald Street as shown on the map of the City of Corpus Christi, Beach and
Bluff Portion recorded in Volume A at Pages 2 and 3 of the Map Records of Nueces County,
Texas and being more particuiarly described by metes and bounds as follows:
Beginning at the northeast corner of Block 48 in the south right-of-way line of Fitzgerald Street for
the southeast comer of this tract:
THENCE S 79" 00' 58" W along the north line of Block 48 a distance of 159.88 feet to a point
where the north line of Block 48 is intersected by the northwest right-of-way of the Southern
Pacific Railroad;
THENCE across the right-of-way of Fitzgerald Street as follows:
N 34" 09' 08" E a distance of 44.02 feet;
N 19' 58' 48" E a distance of 33.76 feet to a point in the south line of Block 58. Beach
Portion for the northwest comer of this tract;
THENCE N 79" 00' 58" E a distance of 110.90 feet to the southeast corner of Block 58 for the
northeast corner of this tract;
THENCE S 10" 59' 02" E across the right-of-way of Fitzgerald Street a distance of 60.00 feet to
the POINT OF BEGINNING forrmng a tract embracing 7,954 square feet.
Note: Description has been prepared
survey made on the ground.
and does not represent a
[Filzgrld.M&B]
EXHIBIT H
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7,954 s Sto
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LOT 7
LOT 6
@ LOT 5
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ROPOSED
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CORPUS C PORi/ON
HR/ST!. TeXAS
lOT 8
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LOT 7 lOT 6
lOT 8 LOT 5
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LOT 9 lOT 4
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LOT II LOT 2
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LOT 12 LOT 1
LOT 7
LOT 6
LOT B
@ LOTS
I lOT 4
LOT 9
WT 10
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Corp~~ ,Christi, Texas 0ptJ
\ \\fh day of x...-
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
,2000.
F or the reasons set forth in the emergency clause ofthe foregoing ordinance an emergency exists
requiring suspension of the Charter rule as to consideration and voting upon ordinances at two
regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance
finally on the date it is introduced, or at the present meeting of the City Council.
Respectfully,
Respectfully,
~~~~~
- Samuel. Neal, Jr., Mayo
The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Melody Cooper
Samuel 1. Neal, Jr.
Javier D. Colmenero
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
ad
LLr
John Longoria
Mark Scott
H:\LEG-DIRIVERONICA \DDCURTIS\MYDOCS\2000\ORD2000.1 OO\DDCORDOO. 122
024009
. .
State of Texas
County of Nueces
}
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PUBLISHER'S AFFIDAVIT
ss:
CITY OF CORPUS CHRISTI
Ad # 3392926
PO #
Before me, the undersigned, a Notary Public, this day personally came Darrell
G. Coleman, who being first duly sworn, according to law, says that he is Vice-
President and Chief Financial Officer of the Corpus Christi Caller-TImes, a daily
newspaper published at Corpus Christi in said City and State, generally
circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes,
Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb
Counties, and that the publication of,
NOTICE OF PUBLIC HEARING
WHEREAS, which the annexed is a true copy, was inserted in the Corpus
Christi Caller-TImes and on the World Wide Web on the Caller-TImes Interactive
I 9 2000
2000.
Oyyf, V 6(400 q
OF
PUBLIC HEARING
Whereas, applicatio
having been filed wi
the City Council of th
City of Corpus Christi,
Texas to constder I
vacating and
abandoning of 92,~85
square feet of
unimproved street righl.
i of-way (ROW),
~ 102.20 comprised of portions of
~ Oso. Palo Alto,
Fitzgerald and Zorra
Streets ROW north of
West Broadway and
railroad ROW.
NOW. THEREFORE,
,,,\\\l!H1Jfl NOTICE IS HEREBY
\\\\\ ,\\ALSC GIVEN THE PUBLIC:
,..)\.<,- \\1""....... That a public hearing on
~'".~;:-:v....~ '?IJBLI(~ said application to
.2' ~ ~~~'0- 'consider the vacating
~ 2 ':r::::, and abandonment will be
~ ):< held by the City Council
:: .. in the Council Chambers
;:. ':. of City Hall, 1201
;;. \ . Leopard, in the City of
~ "" 0'7 ATE G\ Corpus Christi, Texas on
~~ ...... EX?\ April 11. 2000 during the
0/ .. ~.... ~.^ regular Council meeting
II111 5- \ I..\: which commences at
. fIIIIJlIIH' 2:00 p.m., at which time
and place all persons
and parties and/or their
agents may appear and
be _ bv Ihe _ City
Council. Effecttve on
April 8, 2000.
101 _ Chapa
CIty SocrotBry
TWO (2)
.-. .~
..--
.-~..--- '- .,--...) n
.~/' "" '~.,
,,:-::_...... , t' .~.' ..__~ \.
'L::-....~.:'_. ,..,,,:;w.,,.._. w.~~..;.\.~...__. ~----,,~
y
Vice-President and Chief Financial Officer
Subscribed and sworn to me on the date of
APRIL 10, 2000.
~~u ~_4.1~
Notary Public, Nueces County, Texas
CONNIE HARALSON
Print or Type Name of Notary Public
My commission expires on 5/14/01.